Could calling my exwife accidentally and having her listen to my conversations concerning her, her current husband and our on going custody battle for sixty-three minutes be considered felony eavesdropping?
A person is guilty of eavesdropping when he unlawfully engages in wiretapping or mechanical overhearing of a conversation.
IF YOU DID NOT TAPE OR PLACE AN WIRE TAP ON HER PHONE WHERE YOU COULD OVER HEAR HER CONVERSATIONS, YOU ARE FINE.
IF YOU CALLED HER AND SHE HEARD YOUR CONVERSATIONS ABOUT HER, I DO NOT SEE A CRIMINAL ISSUE,
To clairify...This was a cell phone misdial by me. She had called me earlier to talk to our son. About two hours later, I accidentally bumped my phone and called her back. She listened to my conversations for the next hour or so with my current wife and my visiting parents. During the time my phone line was open...my exwife mostly heard private conversations concering daily activities but also heard me make an off handed comment concerning my frustration with certain elements of my current custody case and my exwife's current husband with a criminal background. I also off-handedly said that the money could have been better spent paying someone to "make Keith (her husband) disappear" Could she use this against me? She could have hung up the phone. Could this be considered and intent to eavesdrop?
...she also said that she recorded the conversation when I later confronted her about it.
THEIR IS NO CRIME ON YOUR END, SHE WAS EAVESDROPPING, IN THE TECHNICAL SENCE AND SHOULD OF HUNG UP THE PHONE AFTER THE CONVERSATIONS STARTED WITHOUT HER, I DO NOT THINK A POLICE OFFICER WOULD DO ANYTHING,T SINCE YOU CALLED HER BY ACCIDENT.
I WOULD FILE A COMPLAINT HOWEVER, AND BRING IT UP IN COURT AT YYOUR PROCEEDINGS TO SHOW HER CHARACTER.
IF SHE RECORDED THE TRANSACTION WITHOUT YOUR PERMISSION SHE HAS VIOLATED FEDERAL PRIVACY LAWS AND CRIMINAL EAVESDROPPING, THE RECORDING WAS DONE WITHOUT PERMISSION OF ANY OF THE SPEAKERS AND IS AGAINST THE LAW.
Title III of the Omnibus Crime Control and Safe Streets Act of 1968 (18 U.S.C.A. §§ 2510-2520) generally provides that any person whose communication is intercepted, disclosed, or intentionally used can file a civil lawsuit. Many states have adopted the federal law, and some states provide greater protection.
Once a court determines that a conversation is private, and covered by the statute, then it will consider various exceptions. The most common, and most litigated, is consent. Federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. Thirty-eight states and the District of Columbia have followed federal law and permit individuals to record conversations to which they are a party without informing the other parties that they are doing so. These laws are referred to as "one-party consent" statutes, and as long as you are a party to the conversation, it is legal for you to record it.
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